Can the visa applicant return to the United States while the application is pending?
Generally, the visa applicant must remain overseas until he or she receives a visa that will enable him or her to re-enter the United States. If the applicant’s passport was not retained and if he or she is an applicant for adjustment of status to permanent resident and holds a valid Advance Parole document, this may be used to re-enter the United States, provided it is unexpired and was issued before the employee left the United States. In addition, if the applicant holds a valid and unexpired visa that was not canceled by the consulate when it received the visa application, this may be used to return to the United States, provided the visa holder complies with all the terms of this visa. If a visa applicant is contemplating a departure while a visa application is pending during additional processing, legal counsel should be consulted.
Related Questions
- Can the medical examination take place in the United States if the applicant is pursuing a visa application abroad while physically present in the United States?
- Can a K-3 holder, in case of emergency, go to her home country using her K-3 visa and safely return to the United States?
- Is a confirmed ticket/return ticket required with an application for a visitor visa?
